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  #1 (permalink)  
Old 16-04-2011, 08:59 PM
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Default Un-Split Freehold title on a House, but flat sold !?!

I have a vendor looking to sell his flat, but have stumbled upon a problem.

He originally owned the freehold house, and converted it into 2 flats.

He sold the bottom flat, and now wishes to sell the top flat which he has occupied for many years.

When i checked the Land Registry, there was only one entry, which was the FREEHOLD house under the ownership of the person who bought the studio.

The transaction was undertaken many years ago, but it appears as though the title was not split. So from the title register, it appears that the purchaser of the studio owns the whole house

I've asked the vendor to track down sales documents and details of his conveyancing solicitor, but I fear his search may prove fruitless, as he said most of the documents are long gone!

Has anyone come across a situation like this before and/or can offer any advice to help me assist this chap?
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  #2 (permalink)  
Old 16-04-2011, 09:45 PM
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Contact : Leasehold Advisory Service: Free advice on residential leasehold law & they may be able to help you & vendor on the right path.
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Old 17-04-2011, 12:20 PM
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It sounds like his solicitor could have missed the title split on the original purchase, giving the flat buyer the freehold to the whole property but this is unlikely. Any half decent solicitor would have realised the title needed splitting to sell the flat only.

Is he in contact with the freehold owner?
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Old 18-04-2011, 09:08 AM
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Quote:
Originally Posted by Parmdeep Vadesha View Post
It sounds like his solicitor could have missed the title split on the original purchase, giving the flat buyer the freehold to the whole property but this is unlikely. Any half decent solicitor would have realised the title needed splitting to sell the flat only.

Is he in contact with the freehold owner?
Thanks Deep. He is not in contact with the F/H owner, but I do have his address via Land Registry. The vendor is having trouble locating the legal documentation from the transaction as it took place a long time ago - If I can track down the conveyancing solicitor it will make things a lot easier.

I'll speak to the Leasehold Advisory Service today and see what they have to say.
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